Keith Mack
The requirement of unanimity in jury verdicts has been a contentious issue in the legal system. While some argue that unanimity ensures a fair trial, others contend that it can impede the course of justice by allowing rogue jurors to unreasonably block a conviction. Historically, the requirement for unanimity in jury verdicts has varied across different legal systems and states. In the context of common law, the concept of unanimity has evolved over time, with some jurisdictions now allowing for exceptions or alternatives to unanimous jury decisions. The debate surrounding unanimity in jury verdicts continues, with proponents of both sides presenting valid arguments supported by case law and constitutional interpretations.
| Characteristics | Values |
|---|---|
| Requirement for unanimity in common law | Historically, not required in state courts in the US, but required in federal court |
| Current requirement for unanimity in US criminal cases | Required in federal and state courts |
| Requirement for unanimity in civil cases | Not required |
| Number of jurors required in criminal cases | 12 |
| Number of jurors that must concur in Alabama | 10 |
| Number of jurors that must concur in Florida | 8 (two-thirds) |
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What You'll Learn
Unanimous jury decisions in Alabama and Florida
In Alabama, unanimous jury decisions are not required in capital sentencing cases. A jury can vote 10-2 or 11-1 to impose the death penalty. However, a unanimous jury is required for a guilty verdict. In 2023, a bill was proposed to require unanimous jury decisions for the death penalty, but it did not pass.
The absence of a unanimous jury requirement in Alabama's capital sentencing cases highlights a discrepancy in the rights afforded to defendants during sentencing compared to the trial. This approach has been implicitly endorsed by the United States Supreme Court, indicating that capital sentencing does not necessitate the full range of criminal trial procedural rights.
In Florida, unanimous jury decisions are required for sentencing defendants to death. If a unanimous jury does not support the death penalty, the court must impose a sentence of life imprisonment without parole. However, for a conviction, Florida does not require a unanimous jury decision. At least 8 jurors (two-thirds) must concur, and a retrial can be pursued if the jury deadlocks.
The requirement for unanimous jury decisions in criminal cases has been affirmed by the U.S. Supreme Court. In the 2020 case of Ramos v. Louisiana, the Court ruled that a unanimous jury verdict is necessary to convict a defendant in any criminal offense that mandates a jury trial. This ruling reinforces the Sixth Amendment right to a unanimous jury agreement on guilty verdicts.
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Non-unanimous jury verdicts in Oregon and Louisiana
In 2020, the U.S. Supreme Court ruled in Ramos v. Louisiana that the Constitution banned non-unanimous jury verdicts in criminal cases, affecting defendants and prisoners in Louisiana and Oregon. Before this ruling, Oregon and Louisiana were the only two states that allowed non-unanimous jury convictions in criminal felony cases.
Oregon amended its constitution in 1934 to allow for non-unanimous jury verdicts in criminal cases, excluding first-degree murder cases. This amendment came about after a Jewish immigrant was acquitted of a high-profile murder due to a single holdout juror. Louisiana, on the other hand, was historically influenced by the French civil law system, which allowed for 10-2 majority verdicts.
The debate over non-unanimous juries in these states has a long history. In 1968, the U.S. Supreme Court ruled in Duncan v. Louisiana that the right to a jury trial is a fundamental right incorporated against the states by the Fourteenth Amendment and that unanimity is a characteristic of that right. However, in 1972, the Court declined to require unanimity in state criminal cases in Apodaca v. Oregon and Johnson v. Louisiana. In these cases, the Court held that state juries could convict a defendant by less than unanimity, while federal law requires federal juries to reach unanimous verdicts.
The issue of non-unanimous juries in Oregon and Louisiana has been controversial, with advocates arguing that it infringes on constitutional rights and leads to the conviction of innocent defendants. In 2018, voters in Louisiana abolished non-unanimous juries, and two years later, the U.S. Supreme Court declared them unconstitutional in Ramos v. Louisiana. However, the two states now differ on whether to retroactively overturn convictions made under the previous non-unanimous jury system. While Oregon has ruled that the Ramos ruling applies retroactively, Louisiana's high court is still considering the fate of people serving sentences handed down by non-unanimous juries.
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The Allen charge
In some jurisdictions, the court may give the jury an Allen charge, inviting dissenting jurors to re-examine their opinions in a final attempt to prevent a hung jury. Allen charges are also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges. They are jury instructions given to a hung jury, urging them to agree on a verdict. The name "Allen charge" comes from the case Allen v. United States (1896), where the Supreme Court ruled that these types of jury instructions were allowed in federal courts.
> "I am going to ask that you continue your deliberations in an effort to agree upon a verdict and dispose of this case; and I have a few additional comments I would like for you to consider as you do so. This is an important case. The trial has been expensive in time, effort, money, and emotional strain to both the defence and the prosecution. If you should fail to agree upon a verdict, the case will be left open and may have to be tried again. Obviously, another trial would only serve to increase the cost to both sides, and there is no reason to believe that the case can be tried again by either side any better or more exhaustively than it has been tried before you."
It is important to note that Allen charges do not require jurors to change their votes or reach a verdict. If a juror conscientiously believes their vote is just, they should not change it just for the sake of delivering a verdict. If jurors remain undecided on a verdict, additional Allen charges may be issued to the jury. However, if repeated Allen charges fail to bring a hung jury to a consensus, the judge will eventually declare a mistrial.
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Majority verdicts in England and Wales
In England and Wales, the requirement for a unanimous jury verdict in criminal cases was abolished in 1967, marking a significant departure from a centuries-old legal tradition. Majority verdicts are now common practice, with around 15% of all convictions following a Crown Court trial annually involving at least one juror who was not sure of the defendant's guilt.
The introduction of majority verdicts in criminal trials in England and Wales was partly motivated by a desire to dilute the influence of minority ethnic people and the labouring classes serving on juries, according to research. The study, by the miscarriage of justice charity Appeal, found that an increase in eligible jurors from different racial and class backgrounds led to a perceived decline in the 'calibre' of jurors. This reflected wider public anxieties about Commonwealth immigration, Black Power, and white disenfranchisement.
The case for majority verdicts was initially made on the basis that disagreements between jurors were resulting in substantial costs to the criminal justice system. However, critics argue that majority verdicts can silence a minority who opposed a racist majority. In the UK, it has also been argued that majority verdicts could safeguard against juror bias by preventing one or two prejudiced jurors from dictating decision-making.
Majority verdicts were introduced through the Criminal Justice Act 1967, permitting a verdict when up to two jurors disagreed. This was later consolidated in the Juries Act 1974. At least 10 votes out of 12 are needed for a valid majority verdict. If fewer jurors remain, majorities allowed are 11–0, 10–1, 10–0, 9–1, and 9–0.
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Unanimity in federal court trials
In federal court trials, juries must reach a unanimous verdict in all criminal proceedings. This rule has been in place since 2020, when the Court overturned Apodaca with Ramos v. Louisiana, reasoning that a deeper historical examination of the criminal justice system revealed an intentional bias against some jurors. The non-unanimous verdict helped ensure guilty verdicts for African Americans by eliminating one or two African American "not-guilty" votes. Thus, the current position of federal and state courts is that the Sixth and Fourteenth Amendments require unanimous verdicts to convict a criminal defendant.
However, unanimity in jury verdicts is not always achievable, and there are procedures in place when a jury cannot reach a unanimous decision. In such cases, the presiding judge may declare a hung jury, and there will ordinarily be a new trial. If the retrial also results in a hung jury, the case must be referred to the Solicitor-General, who will generally issue a stay of proceedings unless there are compelling reasons to proceed with a third trial.
In some jurisdictions, the court may give the jury an Allen charge, inviting the dissenting jurors to re-examine their opinions as a last-ditch effort to prevent a hung jury. The Allen charge is a stern reminder about the seriousness of the jurors' duties and the importance of reaching a verdict. If there is more than one reason for the jury's inability to reach a unanimous verdict, or some jurors refuse to vote with the rest of the jury, the judge must declare a mistrial.
It is worth noting that, in some states, non-unanimous jury verdicts were previously allowed. For example, Louisiana and Oregon used to allow 10-2 majority verdicts. However, in the 2020 Ramos v. Louisiana case, the U.S. Supreme Court ruled that a jury must vote unanimously to convict in any criminal offense that requires a jury trial.
The requirement for unanimity in jury verdicts is a contentious issue. On the one hand, a system that allowed non-unanimous verdicts would probably have a higher conviction rate. On the other hand, concerns about the rights of the accused and the potential for "rogue jurors" to unreasonably impede the course of justice have been raised. Ultimately, the decision of whether or not unanimity is required in jury verdicts implicates substantive policy issues and the specific context of each case.
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Frequently asked questions
It depends on the jurisdiction and the type of case. In the US, federal and state courts require unanimous verdicts in criminal cases. In civil cases, litigants have a constitutional right to a jury where the amount at issue exceeds a certain threshold. In the UK, majority verdicts are allowed in criminal cases, but unanimity is required in civil cases.
If a jury cannot reach a unanimous verdict, the judge may declare a mistrial. The case may then be retried or dropped. In some jurisdictions, the judge may give the jury an Allen charge, reminding them of the seriousness of their duties and encouraging them to reach a unanimous decision.
It is generally believed that a system that allows non-unanimous verdicts would have a higher conviction rate than a system requiring unanimity. This is because a single juror could defeat the required unanimity and prevent a conviction.
Yes, two states—Alabama and Florida—do not require unanimous jury decisions. In Alabama, at least 10 jurors must concur, and a retrial can be pursued if the jury deadlocks. In Florida, at least 8 jurors (two-thirds) must agree, and a retrial may also be pursued if the jury deadlocks.
In 1972, the US Supreme Court ruled that criminal juries in state courts did not need to achieve unanimity to convict. However, in 2020, the Court overturned this decision in Ramos v. Louisiana, requiring unanimous jury verdicts in all state criminal cases.
